Withdrawal of claim by customer.
1. Unless a written agreement between the parties otherwise provides, a customer may withdraw, without obligation, any claim assigned to a collection agency at any time 6 months after the date of the assignment if:
(a) The customer gives written notice of the withdrawal to the collection agency not less than 60 days before the effective date of the withdrawal; and
(b) The claim is not in the process of being collected.
2. As used in this section, “in the process of being collected,” means that:
(a) A payment on the claim has been received after the date of the assignment;
(b) An action on the claim has been filed by or on behalf of the collection agency;
(c) The claim has been forwarded to another collection agency for collection;
(d) A lawful and sufficient claim or notice of lien has been filed by the collection agency on behalf of the customer to ensure payment from money distributed in connection with the probate of an estate, proceeding in bankruptcy, assignment for the benefit of creditors or any similar proceeding; or
(e) The collection agency has obtained from the debtor an enforceable written promise to make payment.
3. Upon the withdrawal of any claim, the collection agency shall return to the customer any documents, records or other items relating to the claim that have been supplied by him.
Last modified: February 27, 2006